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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, establishing a Bad Actor Policy that requires applicants for air pollution permits to be in compliance with their current pollution permits before receiving a new permit for expansion or new facilities.
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WHEREAS, Allegheny County Council desires to improve compliance with Allegheny County's clean air rules and regulations by instituting a bad actor policy.
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Any applicant to the Allegheny County Health Department (ACHD) for a new or modified air pollution permit must demonstrate to the ACHD that they have been in compliance for a period of one year with all current air pollution permits, and applicable air pollution laws and regulations, under which they operate. The one year compliance period will begin one year prior to the date of the new or modified permit application received by ACHD.
Section 2. ACHD shall not deem an application for a new or modified permit complete until such time as the applicant documents their compliance with current permits as specified in this ordinance.
Section 3. ACHD shall not deem an application complete if ACHD's records show that the applicant has not been in compliance with current permits as specified in this ordinance.
Section 4. ACHD shall not act on an application for a new or modified permit that is currently not complete.
Section 5. A facility will not be considered to be “in compliance,” as the term is used in this ordinance, if the ACHD, a state or federal environmental agency has sent a Notice of Violation (NOV), or has sent a Statement of Violation (SOV) that documents the violation in writing, or has taken an enforcement action against the company including, but not limited to, issuing a fine or initiating legal proceedings.
Section 6. Required reports to the ACHD that are missing at the time of application for a new or modifi...
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